439.2005
RESOLUTION AUTHORIZING COMMENCEMENT OF SUPREME
COURT ACTION IN CONNECTION WITH TOWN OF QUEENSBURY V.
ALAN PERKINS
RESOLUTION NO.: 439, 2005
INTRODUCED BY: Mr. Tim Brewer
WHO MOVED ITS ADOPTION
SECONDED BY: Mr. Daniel Stec
,
WHEREAS in accordance with the Queensbury Town Code Chapter 60 and New York
State Town Law § 130(16), the Town Board may by Resolution determine whether in its opinion
a structure is unsafe and dangerous, and if so, order that notice be served upon the owner or other
persons interested in the property that the structure must be demolished and removed, and
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,
WHEREAS by Town Board Resolution No. 297,2005 adopted on June 20, 2005, the
Town Board found that property owned by Alan Perkins located at 52 Howard Street in the
Town of Queensbury (Tax Map No.: 301.20-1-32.2) was dangerous and unsafe, and scheduled a
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hearing on the unsafe structure for Monday, July 11, 2005, and
,
WHEREAS consistent with the authority granted by the Town Board, the Director of
Building and Codes Enforcement served notice setting forth the Town Board’s determinations
upon the property owner or its executors, legal representatives, agents, lessees, or any person
having a vested or contingent interest in the property, and
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,
WHEREAS a hearing was duly held on July 11, at 7:00 p.m. and by Resolution No.
324,2005, the Town Board declared the structure to be unsafe and ordered its removal by no later
than 5:00 p.m. on August 15, 2005, and
,
WHEREAS the Town Board further ordered, authorized and directed that upon Mr.
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Perkins’s failure to remove the dangerous structure by 5:00 p.m. on August 15, 2005, the
Director of Building and Codes Enforcement was to make all necessary arrangements to secure
the structure and make it safe for children playing in the area, and
,
WHEREASMr. Perkins has failed to remove the dangerous structure from the property,
and therefore the Town Board wishes to have the structure removed from the property in order to
further the health and safety of the community,
NOW, THEREFORE, BE IT
,
RESOLVED that the Queensbury Town Board hereby authorizes and directs Town
Counsel to commence an action against Alan Perkins in the Warren County Supreme Court
seeking removal of the structure and reimbursement to the Town for any and all costs of removal
including, but not limited to, demolition expenses, attorney fees and Court costs, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town’s Budget
Officer to arrange for payment of any Court and/or litigation costs related to this matter from the
account(s) deemed to be appropriate by the Budget Officer, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Counsel and/or Town Budget Officer to take any other actions necessary to effectuate the
terms of this Resolution.
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Duly adopted this 12 day of September, 2005, by the following vote:
AYES : Mr. Turner, Mr. Strough, Mr. Brewer, Mr. Stec, Mr. Boor
NOES : None
ABSENT : None